The Hill: Supreme Court gets it wrong again, denying justice to those in uniform

https://thehill.com/opinion/judiciary/551845-supreme-court-gets-it-wrong-again-denying-justice-to-those-in-uniform

It is not often that I agree with Turley (Or Clarence Thomas for that matter), but this is one of those times.

Unless a service member is actually inured during actual combat, why not be able to sue for just compensation?

“Created more than 70 years ago, the Feres Doctrine has victimized hundreds of thousands of service members and their families. The court’s failure should now put pressure on Congress to finally act to end the tragic legacy of the Feres decision.”

Feres needs to go, either through the court or Congress.

6 thoughts on “The Hill: Supreme Court gets it wrong again, denying justice to those in uniform

    1. But it was the court that established the Feres Doctrine. A present day suit could overturn that precedent. Or, and more to your liking, write a decision that prompts Congress to take the proper action.

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      1. I think that is what the current court did. They acknowledged Feres as inadequate and turned the issue back to the legislative branch.

        Feres was a bad decision enabled by vagueness in the underlying law. It is the legislative branch that should determine the balance between the interests of the public and the service members.

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        1. “I think that is what the current court did. ”

          I do believe you are correct. In fact it was another individual I don’t think I’ve EVER concurred with, Justice Thomas, who made that part of his input.

          However, SCOTUS has overturned bad precedent in the past., There is zero reason they could not have done the same thing here.

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  1. The military is a society within a society. It has its own economy, healthcare, education, housing, etc., etc. It’s antithetical to the US democracy being based entirely on rank. It therefore deserves its own justice system.

    We are no longer citizen soldiers. We created EXACTLY what the forefathers feared the most, a professional standing army.

    But then, it turns out, it will be as easily defeated as will our democracy by a lie. Ironic.

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    1. “It therefore deserves its own justice system.”

      And it has it, ruled by The Uniform Code of Military Justice. And the SCOTUS ruling in Feres was based in the UCNJ, but it was bastardized to prevent frivolous lawsuits for non-combat related issues.

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